AN 


OLD    DOCUMENT. 


es  change,  and  often  with  them   men,  but  princi- 
ples, never. 


George  Washington  Flowers 
Memorial  Collection 

DUKE  UNIVERSITY  LIBRARY 


ESTABLISHED  BY  THE 

FAMILY  OF 

COLONEL  FLOWERS 


AN 


iDBRESS 


3 


DELIVERED  AT  CRAJVFORDVILLE. 


05    i  h  e 


FOURTH  OF  JULY,  1834. 


ALEX,  H-  STEPHENS 


AUGUSTA,  Ga.: 

TKA-U    POWER    PRESS,    CHROXICT  E    i    ;  EXTIXEL    OFFICE, 

1864. 


URjLWFORDVILLE,  Ga. 

10th  Nov.  1864. 
To 

The  following  old  n-i-.  m»  not  with  any  special  view 

.  but  for  the  purpose  of  id f  vindication.    Insinuations  and  Jiinas,  if  not  direct  charges,  bat  - 
Uy  been  mink    :  i  Rigarte,  m  my  advocacy  of  the  docl 

of  "  the  ulfimate    absolute    sovereignty  of  the 
ncnt  pi  ace  b<  tween  tl  aion 

.  iir.it  written  -  as  made  while  1  »•« 

ml  of  law,  and  notwithstanding  ita  m.ny  very  a  ta>(of  which,  however,  as  a  flint 

prOducttmj  I  am  not  ashamed,)  It  clearly  shows  that  States1  KlghtR  Mid  StateiSsvereignty  arc  no  new  or 
latter  day  id*ad  with  me.    For  this  purpose  only  i   tek  It    ptrtM  kl  at  thli  time  by  all  vrho  may  I 

posed  to  do  mo  no  injustice  in  this  particular. 

It  fetrue,  1  wa3  not  a  NuTHfler.    Nulljilcation  ae  i  understood  its  exposition  at  that  day,  elaiased 
the  right  <>t  any  State,  In  effect,  to  tender  nuli  and  void,  or  Inoperative  wtthjA  her  limits  any  law- el 
-till  remain  In  I  Without  any  desire  to  revive  any  or  the  questions  that  iheo 

(iivided  State  Rights  noes,   .  then  and  now,  t lie  nserred  Sove- 

reign Powers  dtimate  protection,  only  hjt  a  full  returns 

tionofall  powers  delegated :  in  other  words  by  ■    this  way  only  could  the  sovereign  veta 

a  be  effectrjally  and  properly  interposed.    When  thus 
interposed  there  was  ralnenl  to  eaamaud 

.ot  asa  natt  si 
be  charge  that' I  ever  at  any  time,  or  on  any  oocaslon  uttered  the  sentiment  that  sccpiiicn 
would1  be  ** a  crime."  is  entirely  without  the  shadow   o  [fee  clear  right  ef  a  State  onder 

the  compact  of  1757  T  Full  exercise  ol  all  I  powers  by  a  withdrawal  from  the 

Union  whenever  her  people  in  theii  deliberate  and  sovereignly  expressed  Judgment  should  detei 
so  to  do,  was  never  questioned  by  me.    Thiswa   I  ;  arty  of  Georgia  un- 

derth<  leadoi  the  illustrious  and  renowned  Tree      I  ■■.'ucfcy  and  \ 

Resolutions  of  1798  and  '»9  In  theec  principles  I  was  reared,  by  them  I  have  ever  been  governed  in  my 
political  acta,  an4  by  them  I  expect  tn  live  and  die.  Hence  when  Georgia  seceded  in  1881,  even  againet 
'my  o-wn  judgment,  I  stood  by  hei  act.    To  hei  akme  1  owed  ultimate  Hei  cause  became  my 

cause,    Iter  destiny  became -my  destiny.    From  that  day  to  this,  that  gaged  every  energy 

of  mp  heart,  bead  and  soul,  and  in  it  they  will  continue  to  be  enlisted  to  the  bitter  end.  Should  that 
end  be  the  establishment  of  this  principle  of  "  U  olute  sovereignty  of  the  several  State?," 

it  will  in  my  judgment  m<  nsate  for  all  the  loso  of  blood  and  treasure  of  this  war  so  -ti 

justly  waged  against  her  and  her  confederates,  great  as  It  has  bcenoi  may  be.  This  doctrine  one?  firmly 
established  will,  I  doubt  not,  prove  to  be  the  self  adjusting  prlnclple-rthe  Continental  llcguialor— in 
our  present  or  any  future  systems  of  association,  or  Confederations  of  States  that  may  arise.  I  make 
no  boai 

pit  :  n 


\\  HilLLl  I 


AN  ADDRESS 

JKLIVEKED  IN  <  KAW-FOKDV1LLE,  OX  THF. 
FOURTH  DAY  OV  JULY,  Mi. 

BY  A.  H.  STEPHENS. 


,  Ffu.ow  Citizen.-  : — You  tfare  just  heard  read  the  de- 
claration of  our"  political  independence.  This  is  the  anni- 
versary of  the  day  on  which  that  declaration  was  publish- 
ed to  the  world;  "and  it  is  in  commemoration  of  that  . 
event  wo  are  now  assembled.  With  the  history  <>{  this 
day,  and  with  the  facts  connected  with  the  origin  of  its 
importance,  we  are  all  acquainted.  Of  the  oppression  of 
our  father*,  of  their  bold  and  perilous  resistance,  and 
of  their  glorious  success,  we  have  often  heard.  These 
were  the  first  lessons  of  our  childhood.  We  cherish  them 
as  t Vie  pride  and  glory  of  our  birthright,  and  they  are  sub- 
jects upon  which  our  minds  can  at  all  times  dwell  with 
pleasure  and  delight.  But  on  the  present  occasion,  how- 
ever agreeable  and  profitable  an  advertence  to  them  might 
be,  other  sulpjects  of  superior  importance  lay  in  claims 
upon  our  attention.  The  obtammentof  Liberty  is  certain- 
It  a  noble  theme,  but  not  more  so  than  the  means  of  its 
preservation.  The  day  in  which  we  live  is  an  importaut 
one  in  the  history  of  our  Republic,  and  the  doctrine  thai 
freedom  often  sutlers  more  from  an  intoxicated  revelry  o( 
its  friends,  after  the  victory  of  it|, achievement,  than  from 
the  open  attacks  of  its  enemies,  is  particularly  applicable 
to  us.  Our  Government,  the  best  on  earth,  propably,  re- 
quires most  of  its  citizens;  not  of  tribute,  or  of  submis- 
sion, but  a  constant  and  vigilant  watchfulness  over  the  first 
encroachments  of  power  on  the  restrictions  of  its  charter. 
Though  we  are  still  free,  and  though  our  country  still 
seems  to  be  Heaven's  iavorite  among  the  nations  of  the 


earth,  yet  our  thus  remaining  is  connected  with  the  contin- 
gencies of  time.  Much,  yea  all,  .depends  upon  the  exer- 
tions of  the  people.  The  mind,  therefore,  at  our  annual 
festivals  similar  to  the  present,  should  not,  as  is. often  the 
case,  he  permitted  to  be  filled  so  much  with  rejoicings  over 
the  past,  as  engaged  in  earnest  contemplations  of  the  fu- 
ture. The  warfare  of  Liberty  is  continual,  and  there  is  no 
time  for  the  patriot  to  luxuriate  on  the  past,  or  feast  on  the 
spoils  of  victory.  The  field  is  never  to  be  quit— the  post 
.never  deserted-— but  battle  succeeds  battle  in  a  chain  as 
various  and  as  endless  as  the  diversity  of  character  and  the 
succession  of  generations. 

With  these  remarks  I  submit  to  your  attention,  briefly, 
the  consideration  of  a  subject  which  I  deem  not  as  inap- 
propriate to  the  object  of  our  assembling;  one  in  which 
/we  all,  as  the  friends  of  Liberty  in  general,  and  par- 
ticularly as  citizens  of  the  United,  States,  are  deeply 
interested,  and  one  which,  in  my  opinion,  involves  prin- 
ciples pregnant  with  as  momentous  consequences  as  any 
which  -have  ever  agitated  the  public  mind  of  the 
American  people.  I  allude  to  the  extent  of  the  powers  of 
the  Federal  Government,  or  the  true  relation  between  the 
Federal  and  State  Governments.  There  are  those  among 
us  who  contend  for  the  ultimate  supremacy  of  the  former, 
while  others  for  that  of  the  latter.  The  struggle  is  one  for 
power  on  one  side,  and  right  on  the  other.  The  whole 
country  is  divided,  and  august  parties  arrayed  in  opposi- 
tion on  either  side.  And  though  we  in  this  community 
have  not  taken  the  same  interest  in  the  discussion  as  some 
of  our  fellow-citizens  elsewhere  ;  though  we  have  not  en- 
ter-ad the  list  of  parties  by  organized  associations,  yet  the 
FDiibject  may  not  be  the  less  acceptable  on  that  account, 
since  our  interest  at  stake  is  the  same,  let  what  may  be  its 
determination.  With  us  the  true  principle  of  government 
generally  is  recognized.  We  understand  it  to  be  a  com- 
pact or  agreement  to  which  each  member  of  the  communi- 
ty is  a  party,  either  expressed  or  implied.  The- character 
of  our  Government,  State  and  Federal,  must,  therefore, 
vary  according  to  the  opinions  entertained  by. those   who 


form  it  of  its  nature.  -hen,  to  its  preserva- 

tion in  its  primitive    purity,   should  the  principles  of  the 
Federal  compact  be  thorou;  arnined,  and.  clearly  un- 

derstood by  eve&ry  one.     The   .  oint  of  difference  is 

the  rigid  of  a  State   to  refuse  obedience   to   a  ..-,-(.$■- 

wMeU,  m  ike  opinion  of  that  State,  is  unconstitutional^  or  the 
right  of  the  Federal  Government  to  coerce  obedience  m 
case  of  such  refusal  This  is  the  question  which  is  now 
producing  such  excitement  throughout  our  country,  and 
upon  the  decision  of  which  are  suspended  the  d^stiniea  ©f 
our  liberty  and  the  permanency  of  our  free  institute 
ft  shall  be  my  object  to  endeavor  to  make  it  appear  to  you 
without  confusing  your  minds  with  the  nice  distinctions 
between  the  "unity  of  this  nation''  and  the  "inherent 
indivisible    sovereignty  "    and  xisfence  of  the 

States  " — in  the  first  place,  that  the  Genoral  Govern  men* 
does,  not  possess  this  right  or  power  of  enforcing  a  State, 
and   in   the  second  place,    that  it   never   should  possess  it. 
That  I  may  be  plain  in  establishing  these  important assump 
tions,  I  lay  it  down  as  an  undeniable  truth,  this  power  was 
not  vested  in    Congress  at  the  first    union  of  these  Slate 
which   resulted  in  the    Declaration  of  Independence,   nor 
during  the  time  which  intervened  between  that  period  and 
the  adoption  of  the  articles  of  the  Confederation.  '  [  lav  it 
down  also  as  a  truth,  that  it  was  not  conferred  by  the  arti- 
cles of  the  Confederation.     Thus  far  my  premises  must  be 
admitted  by  all,  for  tjie   first  article  of  the  Confederation 
expressly    declares   the    sovereignty  or  supremacy    of  the 
States  severally.     I  proceed,  then,  likewise  to  assert  that 
this  Supreme  Power  is  not  conferred  by  the  present   Con 
stitution.     AVere  this  also  admitted  there  would  be  an  end 
10  the  discussion.     But  here  the  issue  is  joined.     Then  to 
the  proof..    And  in  the  first  place,  if  the  Constitution  con 
tains  such  grant  of  power,  it  must  be  implieel,  for  it  is  not 
expr<^sM — the  only  sentence  in  that  instrument  which,  un- 
der the  most  forced  construction,  could  seem  to  be  expres.- 
sive  of  it,  being  the  first,  part  of  the  second  clause  of  the 
sixtli  article,  which  says:     "  This  Constitution,   and  the 


8  ' 

laws  made  in  pursuance  thereof,  '&<$.,  shall/bethe  supreme' 
law  of  the  land."  #  But  this  cannot  be  adduced  as  proof  of- 
the  existence  of  the  power  of  the  General  Government  to 
compel  a  State  to  observe  a  law  which  that  State  declares 
to  be  unconstitutional,  for  it  assumes,  as  argument,  the 
very  point  supposed,  to  be  at  issue  between  the  General  and 
State  Governments,  viz  :  the  fact  of  the  laws  having  been 
made  in  pursuance  of  the  Constitution.  This  article  is 
applicable  to  such  laws  only  as  are  made  in  pursuance  of 
the  Constitution,  and  of  course  does  not  extend  to  the  case 
•supposed;  for,  were  it  admitted  by  a  State  that  a  law  was 
constitutional,  that  State  would  be  bound  by -her  honor  and 
the  moral  obligation  of  her  plighted  faith  to  obey  its  requi- 
sitions. But  the  question  is,  if  a  State  declare  that  a  law 
is  not  constitutional — that  it  is  not  made  in  pursuavrr  of. 
the  Constitution  (which  is  all  that  renders  any  binding), 
does  this  article  of  the  Constitution  empower  the  General 
Government  to  judge  for  itself  the  extent  of  its  own  pow- 
ers, and  then  compel  the  State  to  obey  its  decision  ?"  And 
most  certainly  it  contains  no  such  doctrine.  But  on  the 
contrary  it  rather  implies  that  all  the  binding  force  of  every 
law  passed,  by  Congress  depends  upon  the  fact  of  its  being 
in  "  pursuance"  of  the  Constitution,  and  thattto  law  has  the 
hast  binding  force  which  is  not  dearly  in  pursuance  of  the 
same.  Then  again  I  assert  there  is  no  such  grant  of  power 
expressed  in  the  Constitution,  nor  can  it  be  found  from  the 
beginning  to  the  end  of  that  instrument.  But,  say  the  ad- 
vocates of  a  strong  Government,  there  is  no  necessity  for 
its  being  expressed  ;  that  it  is  implied,  and  that  it  is  implied 
from  the  nature  and  character  of  the  Constitution,  and  the 
circumstances  which  gave  rise  to  its  formation.  -For,  say 
they,  the  main  otbject  of  the  Constitution  was  to  obviate 
and  remedy  evils  which  arose  under  the  weak  ad  ministra- 
tion of  the  former  Confederation  from  the  want  of  this 
very  power.  They  admit  that  anterior  to  the  Constitution., 
'Congress  had  not  this  power — that  the  States  were  separate 
and  distinct  sovereignties ;  and  they  tell  us  that  at  that 
time  our  nation  was  in  debt;  that  our  trade  was  languish- 


ring)  that  our  credit  was  lost;  lliat  our  character  was  did 
honored  ;  that  there  was  no  remedy;  Congress  enacted  but 
the  States  disregarded;  that  there  was  no  force  binding  the 
people,  and  finally,  they  tell  us  that  it  was  to  c"heek  all 
these  , evils,  and  remedy  this  whole  state  of  deranged  af- 
fairs by  binding  the  States  to  the  decision  of  Congress,  and 
in.  a  word  by  depriving  'them  of  their  sovereign  veto,  thai 
the  present  Constitution  was  formed,  and  therefore,  though 
this  be  not  all  erpfessc-d,  yet  it  mfet  be  implied  from  Ave 
very  nature  of  things,  kd.  Xo\v.  that  these  evils  did  exist 
under  the  Confederation  to  a  great  extent,  is  admitted,  and 
that  many  of  them  were  remedied  by  the  present  Consti- 
tution is  also  admitted:  but  the  inference  as  to  the  'origin 
or  cause  of  these  evils,  and  the  ftoture  of  their  remedy,  is 
erroneous;  They  did  not  originate  (according  to  the  in- 
ference) from  a  want  of 'superior*  force  or  power  in  Con- 
gress to  hind  the  States,  but  from  the  limited  number  ^ 
subjects  and  objects  of  national  policy  upon  which  the 
States  had  permitted  Congress  to  act,  and  their  attempting 
to  exercise  powers 'not  granted,  It  is  true  our  nation  was 
in  debt;  that  our  trade  was  languishing;  that  our  credit 
was  lost,  and  that  Congress  enacted  upon  these  subjects, 
and  that  the  State-  disregarded  those  enactments.  And 
why?  For  the  plainest  reason  in  the  world:  Because 
Congress,  the  asrent  of  the  States,  was  meddling  with  mat- 
tors  and  enacting  upon  subjects  With  which  it  never  had 
been  entrusted  with  sufficient  and  proper  powers  to  do  the 
business  as  it  ought  to  be  done,  and  not  as  the  inference 
would  imply,  because  there  was  a  want  of  power  to  com- 
pel the  States  \o  comply  with  their  selemn  engagements. — 
This  want  of  power  did  exist,  but  the  evils  did  not  arise 
from  that  :  and  so  far  from  its  being  the  main  object  Of  the 
'oie-titution,  this  was  not  its  object  at  all.  It  is  true 
its  object"  was  to  remedy  the  evils  of  the  Confederation. 
I*ut  it  was  to  remedy  them  as  they  should  have  been  rem- 
edied— by  entrusting  'more  business  to  the  ears  of  the  atftnt,  or 
in  other  words,  by  permitting  Congress  to  act  upon  more 
subjects  which   experience  had  shown  the  public  convent- 


10 

enee  required.  The  restrictions  of  the  Confederation  were 
very  jwrow.  Congress  only  had  power  to  provide  for  a 
general  defence  in  case  of  an  invasion;  to  declare  war, 
grant  letters  of  marquo,  coin  money,  to  regulate  the  In- 
dian Affairs,  and  make  arrangements  for  the  transportation 
of  the  mail,  together  with  some  other  things.  But  it  was 
found  by  the  States  that  a  navy  was  wanted  to  protect  their 
commerce  ;  that  some  uniform  method  of  raising  revenue 
to  pay  off  the  public  debt  and  meet  expenses  was  necessa- 
ry; that  the  most  expedient  way  of  accomplishing  this 
would  be  by  laying  a  tax  upon  goods  imported,  and  that 
this  tax  should  be  uniform  in  all  the  ports  of  the  several 
States  ;  and  it  was  likewise  thought  that  it  wq,u}d  be  expe- 
dient that  these-  items  of  Legislative  policy,  with  several 
others,  should  be  entrusted  to  the  action  of  Congress  in 
addition  to  those  granted  on  former  occasion  ;  that  for  ex- 
poundiug  the  laws  courts  should  be  established,  and  thai 
for  the  execution  of  this  accumulated  business  a  competent 
number  of  new  officers  should  be  allowed,  a  President, 
Judges,  &c.  This  was  the  object  of  the  Constitution. — 
This  was  what  the  Constitution  effected.  While  the  obli- 
gation on  the  part  of  the  States  as  States  to  observe  and 
obey  an  edict  of  Congress  is  the  same  now  as  before  the 
adoption  of  the  present  Constitution.  The  Government 
has  not  changed  its  name  even.  Its  powers  were  enlarged, 
but  its  character  is  the  same;  and  the  relations  between 
the  States  and  this  Government  have  been  multiplied,  but 
the  nature  of  those  relations  is  unaltered.  The  new 
Constitution  is  a  compact  between  the  sovereign  States 
separately,  as  the  old  Confederation  was  ;  and  it  this  be 
so,  and  if  the  first  article  of  the  Confederation  expressly 
declares  that  sovereignty  or  supremacy  is  retained  to  the- 
States — denying  the  right  or  power  of  Congress  to  coerce 
or  compel  the  States,  the  parties  to  it,  to  obey  its  edicts— 
where  is  this  right  or  power  derived  under  the  present 
Constitution?  Indeed,  fellow-citizens,  I  am  constrained 
to  think  that  it  is  derived  nowhere,  and  that  it  has  its  ex*m 


II 

• 

tenee  only  in  the   breasts  of  the  parasites    of  power  who 
wish  to  overthrow  the  liberties   of  the  people. 

And  here  I  feel  confident  I  might  rest  the  argument,  but 
as  the  held  of  implication  has  been  entered,  in  order  that 
those  who  first  sought  this  as  a  refuge  may  be  met  on  their 
own  ground,  contended  with  their  own  arguments  and  van 
quished  with  their  own  weapons,  I,  too,  will  enter  the  same 
arena,  and  endeavor  to  show,  by  cvunter-implicaticms  drawn 
from  the  Constitution,  that  that  instrument  contains  no 
such  implied  grant  of  power.  And  in  the  first  place,  if  (as 
no  one-  will  deny)  the  States  had  all  along,  before  the  adop- 
tion of  the  Constitution,  claimed  and  defended  a  separate 
sovereign  existence;  if  this  was  recognized  in  the  Confed 
oration  ;  and  if,  as  is  generally  known,  they  had  watched 
and  defended  this  right  with  so  jealous  an  eye  that  it  was 
extremely  diiricultto  effect  any  more  perfect  union  between 
them,  even  for  the  most  important  purposes,  is  it  not  prob- 
able that,  if  they  had  been  about  to  divest  themselves  of 
fchis  darling  attribute,  they  would  have  made  the  abandon- 
ment in  plain  words,  which  could  not  by  possibility  have 
been'  .misunderstood  or  misconstrued.  Such  as,  These 
States,  New  Hampshire,  Massachusetts,  Connecticut,  &c., 
having  been  separate,  sovereign  and  independent,  but  find 
iug  it  impossible  longer  to  remain  so,  do  henceforth  re- 
nounce that  attribute  and  pledge  for  the  future  our  faithful 
obedience  to  the  General  Government  as  the  Supreme  Pow- 
er of  the' land  >  Is  not  this  presumable?  Should  we  not 
have  expected  it?  But  on  the  contrary,  since  there  is  no 
sueh  expression  to  be  found  in  the  Constitution,  and  since 
sovereignty  was  expressly  retained  to  the  States  under  the 
Confederation,  and  since  in  the  Constitution  (which  I  have 
endeavored  to  prove  to  be  of  the  same  nature  as  the  Con 
federation,  only  enlarged  in  the  sphere  of  its  action)  noth- 
ing is  said  about  a  surrender  of  the  sovereignty  of  the 
separate  Stntes,  but  after  »n  enumeration  of  all  the  neir 
powers  not  before  granted,  it  is  expressly  declared  that  all 
rights  and  powers  not  therein  delegated  are  ptil]  rese;- 
to  the  States,  does  not  this  amount  almost  to  a  positive  ex- 
pression of  the    retention  of  their    sovereignty,  or  supreme 


>ie 


12 

• 

['ovror.  on  the  part  of  the  Slate*,  and  the  right  of  judging. 
each  lor  itself,  of  its  own  delegated  powers,  in  the  same 
manner  noio  as  under  the  Confederation  ? 

Bat  again,  on  the  hypothesis  that  the  Constitution  vest* 
supreme  power  in  the  General  Government  that  instru- 
ment in  its  multiplied  details,  would  be  both  useless  and  un- 
necessary, which  we  cannot  suppose  considering  the  wis- 
dom and  patriotism  of  its  framers.  For  if  the  Constitution 
declares  that  the  General  Government  in  its  Legislative. 
Executive  and  Judicial  Departments  shall  have  the  gei 
eral  supervision  of  the  puhlic  good  throughout  this  win 
country,  and  full  power  to  judge  and  decide  what  is  the 
puhlic  good — and  that  decision  is  to  be  the  w  supreme  law 
of  the  land" — where  was  the  necessity  of  any  other  clause 
but  this  one  creating  this  4i  great  national ',  oonscrcu 'for f" — 
Where  was  the  necessity  of  this  long  Constitution  ?  All 
these  articles  and  sections — the  work  and  labor  of  months? 
Why  so  much  parade?  so  much  discussion  about  restric- 
tions ?  a/id  reserved  rights  and  safe-guards  of  liberty  ?  In- 
deed the  whole  would  be  nothing  but  unmeaning  words — 
empty  show — gross  deception  and  solemn  mockery  of  an 
insulted  people  defrauded  of  their  most  inestimable  rights. 
Yea,  more  exceptionable  still.  And  to  see  this  we  have 
only  to  enquire  into  the  constituent  part?  of  Congress — this 
omnipotent  Legislature  over  all  things.  We  find  it  com- 
posed of  two  branches— the  Senate  and  House  of  Represen- 
tatives— of  which  the  Senate  is  the  more  powerful.  It  being 
composed  of  two  members  from  each  State  without  respect 
to  size  or  population.  Thus  the  State  of  Delaware  with  a 
population  bf 76,748,  through  the  Senate,  thejnost  power- 
ful branch  of  the  Government,  has  the  same  influence  in 
determining  all  questions  of  public  intere#t  as  New  York 
with  a  population  of  1,018,608 — more  than  twenty  times  as 
great!  The  same  undue  preponderance  is  given  to  this 
and  all  the  less  populous  States  over  the  more  populous 
ones  in  the  election  of  the  highest  officers  of  the  Govern- 
ment. And  was  it  thus  the  intention  of  the  framcrs  of  our 
Constitution  to  deliver  and  bind  the  majority  of  the  people 


1:: 

to   tiic  minority?     To  place  the  people -of  Xew  York,  T>r 
Pennsylvania,  or  Virginia, amounting  in  either  of  which  to 
near  2,000,000  entirely  within  the  power  of  the   180,000    of 
Rhode  Island  and  Delaware  I  and  that  too  with  no  remedy 
but  to  submit,  and  no  hope  of  redress  but  at  the  peril  of  the 
consequences  of  rebellion  ami  treason?     Hl bo,  better  had 
our  Constitution    never   been   formed,  and   better  1  i ad  we 
never  been  favored  with  the  blessing?  of  such  an  Union  ! 
But,   Fellow-Citizen -v such  i>  not  the  fact,  such  is  not  the 
noMr  work  of  "in-  fathers.,  and  such  is  not  the  "sheet  an- 
chor*)*' our  safely."     And  now  as   proof  to  demonstration 
of  the  truth  of  the  principle  L  have  been  contending  for,  w< 
have  it    upon  the  recorded   proceedings  of  the  Convention 
which    formed   the    Censtitufciaua,  thai    there  was  made  in 
that  body  a  motion  to  grant  the  very  power   the  existence 
of  which  is  in  dispute — and  thai    motion  was  lost  !      It  wafe 
again  made— and    again  lost!     And  if  I  be  not    mistaken, 
it  was  thrice  made  and  thrice   debated;]     Can  we  -nee. I 
we — want  we  stronger p root  than  this?     Were  that  augi 
body  now  in    life  and   called  on    to  explain   what  was  their 
intention  and    determination  tit  that  time,  could  they  do  it 
in  stronger,  more  explicit,  and  unequivocal  terms  than  their 
recorded.  yot  es  ?     Impossible!     Then  beyond  a  doubt  this 
power  of  enforcing  a  State  was  withheld    by  til 
tion  from    the  General    Covernment,  and    it  was  withheld 
for  wise    purposes,  and    having  established,  as    !  trust,  Ibis 
point,  I  shall  proceed  to  show  that  it  should  continue  to  be 
withheld  for    the  same  wise   purposes.      These  are  the  pre 
seryatiou    of  the  I'nion    of  the  States   and  the  permanent. 
security  of  their  liberties.     The  Union  should  be  cherished 
by  all — its  cost  was  great — it  was  freeman's  blood — and  to 
il  we  owe  much — it    is  that,  which  properly  directed  gives 
•  us  strength    at  home  and    character   abroad — and  the  man 
who  wickedly  or    ambitously  endeavors  to  render  the  peo- 
ple disaffected  thereto  or  without  just  cause  endeavors  to 
effect  a  dismemberment  of  its  parts,  deserves  nothing  short 
of  the  fate  of  a  ibirr.     Rut  the  practicability  of  an  object 
and  the  means  of  its  obtainment  are  different  things — and 


11 

that'to  some  may  appear  a  strange  doctrine  tor  the  perpet- 
uation of  the  Union  of  the  States  which  allows  one  part  to 
withdraw  when  under  the  feeling  of  oppression.  But 
such  err  in  their  opinions  on  the  strength  of  Governments. 
The  strength  of  all  Governments  and  particularly  Repub- 
lics, is  in  the  affections  of  the  people.  A  Republic  is'a 
government  of  opinion — it  waves  and  vacillates  with  opin- 
ion— the  popular  breath  alone  is  sufficient  to  extinguish  its 
existence.  Such  is  our  Government.  It  was  formed  by 
e;*ch  party  entering  it  for  interested  purpose*.  For  greater 
safety,  protection  and  tranquillity.  And  so  long  as  these 
ends  are  answered  it  will  be  impregnable  without  and  with- 
in, interest  and  seii-preservation  are  the  ruling  motive*- 
of  human  action,  and  so  long  as  .interest  shall  induce  the 
States  to  remain  united  the  Union  will  have  the  support 
and  affection  of  the  people.  A  separation  need  not  be 
feared.  But  whenever  the  General  Government  adopts  the 
principal  that  it  is  the  supreme  power  of  the  land— that  the 
States  are  subordinate — mere  provinces — that  it  can  com- 
pel and  enforce — and  commences  to  dispense  its  favors 
with  a  partial  hand — to  tax  and  oppress  a  few  States  to  the 
interest  and  aggrandizement  of  the  many,  or  otherwise 
transcend  its  powers — then  will  the  days  of  our  Republic 
be  numbered.  For  it  is  false  philosophy  to  suppose  that 
these  States  can  be  kept  together  by  force.  Dangerous  ele- 
ments are  not  the  less  to  be  dreaded  by  a  compression  oi 
the  sphere  of  their  action,  neither  are  the  energies  of  a  peo 
pie  by  an  infringement  upon  their  rights.  It  is  contrary  to 
all  observation  on  the  conduct  and  motives  of  men,  But 
let  it  be  the  established  policy  of  the  Government  that  it 
has  ho  power  over  a  State,  withdrawing  'from  the  Union 
when  in  her  deliberate  judgment  the  compact  has  been 
broken,  and  the  others  will  soon  cease  or  rather  never  be- 
gin to  oppress— for  the  Union  should  be  an  advantage  to 
all  but  an  injury  to  none.  Let,  however,  the  contrary  be  es- 
tablished and  interest  will  soon  prompt  one  part,  (and  we 
have  seen  that,  that  may  be  a  minority  of  the  people,)  to 
oppress  the  other,  and  especially  will  this  be  the  case  when 


15; 

that  part  is  emboldened  with   the  confidence  of  having  the 
whole  force,  artny  and  navy,  of  the  country  to  effect  their 
unjust  purposes.     And  what  will  be  the  result?     Evidently 
a  dismemberment  of  the  Union.     With  it  too  a  list  ot  evils 
beyond  the  power    of  prophecy  to    scan.     To  bring  a  case 
home,  a  practical  illustration    of  which  may  not  be  very  far 
distant.     Suppose  Congress  should  come  to  the  eonelusiom 
(as  somchave  alreadj  intimated)  that  \i  would  be  conducive 
to  the  general  welfare,  and  equalization  of  the  rights  of  the 
people  throughout  this  great     Xatioii  to  make  a  change  in 
the  basis  of  our  Congressional  representation  and   thus 
strqy  our  proportional  'intiuenov  in  that  body.     Or  suppose 
so  heavy  a  tax  should   be  laid  upon  a  certain  species  ot  our 
property  as  to  render  it  valueless.     Or  suppose  in  one  great 
step  of  advancing   the  public  interest    and  general  welfare 
we  should  be  relieved  of  that  kind  of  property  altogether — 
what  could    be  our  remedy  ':  or  what  would  be  our  rights  . 
Indeed  with  that  interpretation  of  our  Constitution  which 
vests  supreme  power  in  the  General  Government,  and  en 
ads  ••  Force  Bills"  to  carry  the  decision  of  Congress  by  the 
point  of  the  bayonet  against  States,  we  would  have  none  at 
all.      Wo    could  avail    ourselves    of  no    redress    but    quiet 
'submission    and    a    gracious   obedience,  or   incur  the   foul 
punishment    of  traitors  i     And    is  it  so  ?     Have  yon  thus 
learned  the  Constitution  of  your  country?     Or  rather,  Fel- 
low-Citizens, are  v<»u  willing  that  that  noble  ilevd  of  legacy 
left  you  by  your  Fathers  shall  be  thus  tortuously  construed 
and  thus    falsely  interpreted — leaving   you  the  name  to 
free  while  you   are  the  absolute,  blinded   dupes  of  absolute 
and  sanguinary  power  ?     1  am  certain  there  is  no  such  one 
within  the  sound  of  my  voice.     Then  be  it  known  to  you  it 
is  time  for  you  to  be  awake.     The  enemy  is  already  in  the 
field — and  in  possession  of  strong  places.     And  the  alter- 
native is   now  before  you,  and  the  American  people,  a  des- 
perate struggle — a  rescue  of  your  Constitution — or  a  hope- 
less, perpetual   slavery  !     Be  not  deceived.     Think  me  nov. 
over-zealous.     Think   not  that   when  the  (ieneral  Govern- 
ment shall  have  wandered  from  its  true  path — and  our  lib- 
erties lost,   there  will    be  nothing  necessary  but  to  arouse 
the    people — make,    them   sensible   of  their   rights — to  be 
free  again.     There    is  a  principle   abroad,  as  false   as  it  is 
general,   that  any  people    willing  can   be  free.     Be  not  mis- 
led by  its  influence  while  in  possession  of  liberty  to  place 
too  low  an  estimate  on  its  value.     Its  i; price  is  eternal  vi- 
gilence."     And  Liberty  once  lost  is  lost  forever  !     Errors 


r  $P  . 

in  Governments  like  diseases  in  the  body  must^be  checked 
in  their  inception,  and  the  only  hope  of  American  Liberty 
is  tlie  preservation  of  all  things  in  their  constitutional 
places.     "For,  if  power 

"  The  wavVing  balance  shake, 
It's  rarely  nght  adjusted." 

it  is  too  late  to  talk  of  remedies  when  the  system  is-shat 
tered,  and  the  constitution  is  broken,  Rome  was  free- 
Hhe  became  remiss — and  Ca\sar  trampled  upon  her  liber- 
ties. And  though  Brutus  with  a  few  compatriots  found  no 
difficulty  in  putting  an  end  to  his  ambitions  career,  yet  did 
they  restore  lost  freedom  to  that  country  ?  Let  the  bloody 
wars  which  ensued  that  tragical  event  and  the  number  of; 
vile  competitors  for  a  crown  which  figured  therein,  speak 
tor  me,  and  tell  to  you  and  the  people  of  this  country,  and 
the  people  of  all  countries,  that  liberty  once  lost  is  lost  for- 
ever! Enslaved  France,  with  indignation  at  outrages  upon 
her  rights  proclaimed  with  the  united  voice  of  her  millions, 
Liberty  and  Equality,  yet  that  proud  nation  after  being  de- 
solated with  the  ravages  of  war — and  her  waters  crimsoned 
with  the  blood  of  her  bravest  sons — and  the  regions  of  ev- 
ery clime  bleached  with  the  bones  of  her  soldiery,  was  re- 
duced to  a  degree  of  despotism  more  abject  than  that  from 
Inch  she  emerged.     The  truth   is,  liberty  is   not  always 


\v 


&V-M.  t"V  «•— "  ''-'? 


purchased  with  a  struggle,  ever  so  daring,  bold  or  patriotic, 
much  less  is  it  dependent  upon  a  bare  wish  or  strong  de- 
sire. Were  this  all,  Ireland  would  no  longer  groan  under 
a  British  yoke.  France  would  not  now  have  a  citizen 
king.  Spain  would  enjoy  her  rights.  Italy  would  show 
what  Rome  was.  Greece  would  emulate  the  glory  of  the 
same  land  in  ancient  days.  And  a  whole  world  would 
soon  be  freed  from  bondage.  For  the  love  of  liberty  is 
natural— it  is  mate — and  it  is  not,  as  some  suppose,  the 
want  of  this  principle  which  eauses  so  many  despotisms 
anion <*  men.  Nor  need  ire  when  we  Juice  become  enslaved  ex- 
pect or  hope  by  an  appeal  to  tins  principle  to  effect  our  re- 
demption any  *more  than  other  people.  Our  only  hope  is 
to  knoic  our  rights  and  to  dare,  maintain  them.  The  question  is 
now  before  you.  Choose  you  whom  you  will  serve.  If  the 
General  Goyernment  be  supreme  serve  and  obey  it  as  such, 
but  if  your  mnn  beloved  Georgia  w  still  sovereign,  then  come 
to  her  rescue. 


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